Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 395 First Substitute (2015GS)

Sponsor

Rep. Redd, E.

Final action

Governor Signed 3/23/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires the Division of Occupational and Professional Licensing to implement a program for:
• real-time submission of data into the controlled substance database; and
• 24-hour daily batch submission of data;
• authorizes additional rulemaking authority;
• provides that those accessing data from the database are responsible for costs associated with accessing the data;
• repeals provisions of a pilot program; and
• makes technical corrections.

Every vote on this bill

Bill text

CONTROLLED SUBSTANCE DATABASE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Edward H. Redd
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies provisions of the Controlled Substance Database Act.
Highlighted Provisions:
This bill:
▸ requires the Division of Occupational and Professional Licensing to implement a
program for:
• real-time submission of data into the controlled substance database; and
• 24-hour daily batch submission of data;
▸ authorizes additional rulemaking authority;
▸ provides that those accessing data from the database are responsible for costs
associated with accessing the data;
▸ repeals provisions of a pilot program; and
▸ makes technical corrections.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2016:
▸ to the Department of Commerce - Division of Occupational and Professional
Licensing - Controlled Substance Database, as an ongoing appropriation:
• from the General Fund, $46,000.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
58-37f-203
, as last amended by Laws of Utah 2014, Chapter 72
58-37f-301
, as last amended by Laws of Utah 2014, Chapters 68 and 401
58-37f-501
, as enacted by Laws of Utah 2010, Chapter 287 and last amended by
Coordination Clause, Laws of Utah 2010, Chapter 287
REPEALS:
58-37f-801
, as last amended by Laws of Utah 2013, Chapter 167
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-37f-203
 is amended to read:
58-37f-203.
Submission, collection, and maintenance of data.
(1) (a) The division shall implement on a statewide basis, including non-resident
pharmacies as defined in Section 
58-17b-102
, a program of:
(i) real-time submission of the information required to be submitted under this part to
the controlled substance database; and
(ii) 24-hour daily batch submission of the information required to be submitted under
this part to the controlled substance database.
(b) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code.
[
(1)
] 
(2)
 (a) The pharmacist in charge of the drug outlet where a controlled substance is
dispensed shall submit the data described in this section to the division:
(i) in accordance with the requirements of this section;
(ii) in accordance with the procedures established by the division; and
(iii) in the format established by the division.
(b) A dispensing medical practitioner licensed under Chapter 17b, Part 8, Dispensing
Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, shall comply with
the provisions of this section and the dispensing medical practitioner shall assume the duties of
the pharmacist under this chapter.
[
(2)
] 
(3)
 The pharmacist described in Subsection [
(1)
] 
(2)
 shall, for each controlled
substance dispensed by a pharmacist under the pharmacist's supervision other than those
dispensed for an inpatient at a health care facility, submit to the division the following
information:
(a) the name of the prescribing practitioner;
(b) the date of the prescription;
(c) the date the prescription was filled;
(d) the name of the individual for whom the prescription was written;
(e) positive identification of the individual receiving the prescription, including the
type of identification and any identifying numbers on the identification;
(f) the name of the controlled substance;
(g) the quantity of the controlled substance prescribed;
(h) the strength of the controlled substance;
(i) the quantity of the controlled substance dispensed;
(j) the dosage quantity and frequency as prescribed;
(k) the name of the drug outlet dispensing the controlled substance;
(l) the name of the pharmacist dispensing the controlled substance; and
(m) other relevant information as required by division rule.
[
(3) (a)
] 
(4)
 The division shall make rules, in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, to establish 
submission requirements under this part,
including
 the electronic format in which the information required under this section shall be
submitted to the division.
[
(b)
] 
(5)
 The division shall ensure that the database system records and maintains for
reference:
[
(i)
] 
(a)
 the identification of each individual who requests or receives information from
the database;
[
(ii)
] 
(b)
 the information provided to each individual; and
[
(iii)
] 
(c)
 the date and time that the information is requested or provided.
Section 2. Section 
58-37f-301
 is amended to read:
58-37f-301.
Access to database.
(1) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to:
(a) effectively enforce the limitations on access to the database as described in this
part; and
(b) establish standards and procedures to ensure accurate identification of individuals
requesting information or receiving information without request from the database.
(2) The division shall make information in the database and information obtained from
other state or federal prescription monitoring programs by means of the database available only
to the following individuals, in accordance with the requirements of this chapter and division
rules:
(a) personnel of the division specifically assigned to conduct investigations related to
controlled substance laws under the jurisdiction of the division;
(b) authorized division personnel engaged in analysis of controlled substance
prescription information as a part of the assigned duties and responsibilities of their
employment;
(c) in accordance with a written agreement entered into with the department,
employees of the Department of Health:
(i) whom the director of the Department of Health assigns to conduct scientific studies
regarding the use or abuse of controlled substances, if the identity of the individuals and
pharmacies in the database are confidential and are not disclosed in any manner to any
individual who is not directly involved in the scientific studies; or
(ii) when the information is requested by the Department of Health in relation to a
person or provider whom the Department of Health suspects may be improperly obtaining or
providing a controlled substance;
(d) in accordance with a written agreement entered into with the department, a
designee of the director of the Department of Health, who is not an employee of the
Department of Health, whom the director of the Department of Health assigns to conduct
scientific studies regarding the use or abuse of controlled substances pursuant to an application
process established in rule by the Department of Health, if:
(i) the designee provides explicit information to the Department of Health regarding
the purpose of the scientific studies;
(ii) the scientific studies to be conducted by the designee:
(A) fit within the responsibilities of the Department of Health for health and welfare;
(B) are reviewed and approved by an Institutional Review Board that is approved for
human subject research by the United States Department of Health and Human Services; and
(C) are not conducted for profit or commercial gain; and
(D) are conducted in a research facility, as defined by division rule, that is associated
with a university or college in the state accredited by the Northwest Commission on Colleges
and Universities;
(iii) the designee protects the information as a business associate of the Department of
Health; and
(iv) the identity of the prescribers, patients, and pharmacies in the database are
de-identified, confidential, not disclosed in any manner to the designee or to any individual
who is not directly involved in the scientific studies;
(e) in accordance with the written agreement entered into with the department and the
Department of Health, authorized employees of a managed care organization, as defined in 42
C.F.R. Sec. 438, if:
(i) the managed care organization contracts with the Department of Health under the
provisions of Section 
26-18-405
 and the contract includes provisions that:
(A) require a managed care organization employee who will have access to information
from the database to submit to a criminal background check; and
(B) limit the authorized employee of the managed care organization to requesting either
the division or the Department of Health to conduct a search of the database regarding a
specific Medicaid enrollee and to report the results of the search to the authorized employee;
and
(ii) the information is requested by an authorized employee of the managed care
organization in relation to a person who is enrolled in the Medicaid program with the managed
care organization, and the managed care organization suspects the person may be improperly
obtaining or providing a controlled substance;
(f) a licensed practitioner having authority to prescribe controlled substances, to the
extent the information:
(i) (A) relates specifically to a current or prospective patient of the practitioner; and
(B) is provided to or sought by the practitioner for the purpose of:
(I) prescribing or considering prescribing any controlled substance to the current or
prospective patient;
(II) diagnosing the current or prospective patient;
(III) providing medical treatment or medical advice to the current or prospective
patient; or
(IV) determining whether the current or prospective patient:
(Aa) is attempting to fraudulently obtain a controlled substance from the practitioner;
or
(Bb) has fraudulently obtained, or attempted to fraudulently obtain, a controlled
substance from the practitioner;
(ii) (A) relates specifically to a former patient of the practitioner; and
(B) is provided to or sought by the practitioner for the purpose of determining whether
the former patient has fraudulently obtained, or has attempted to fraudulently obtain, a
controlled substance from the practitioner;
(iii) relates specifically to an individual who has access to the practitioner's Drug
Enforcement Administration identification number, and the practitioner suspects that the
individual may have used the practitioner's Drug Enforcement Administration identification
number to fraudulently acquire or prescribe a controlled substance;
(iv) relates to the practitioner's own prescribing practices, except when specifically
prohibited by the division by administrative rule;
(v) relates to the use of the controlled substance database by an employee of the
practitioner, described in Subsection (2)(g); or
(vi) relates to any use of the practitioner's Drug Enforcement Administration
identification number to obtain, attempt to obtain, prescribe, or attempt to prescribe, a
controlled substance;
(g) in accordance with Subsection (3)(a), an employee of a practitioner described in
Subsection (2)(f), for a purpose described in Subsection (2)(f)(i) or (ii), if:
(i) the employee is designated by the practitioner as an individual authorized to access
the information on behalf of the practitioner;
(ii) the practitioner provides written notice to the division of the identity of the
employee; and
(iii) the division:
(A) grants the employee access to the database; and
(B) provides the employee with a password that is unique to that employee to access
the database in order to permit the division to comply with the requirements of Subsection
58-37f-203
[
(3)(b)
]
(5)
 with respect to the employee;
(h) an employee of the same business that employs a licensed practitioner under
Subsection (2)(f) if:
(i) the employee is designated by the practitioner as an individual authorized to access
the information on behalf of the practitioner;
(ii) the practitioner and the employing business provide written notice to the division of
the identity of the designated employee; and
(iii) the division:
(A) grants the employee access to the database; and
(B) provides the employee with a password that is unique to that employee to access
the database in order to permit the division to comply with the requirements of Subsection
58-37f-203
[
(3)(b)
]
(5)
 with respect to the employee;
(i) a licensed pharmacist having authority to dispense a controlled substance to the
extent the information is provided or sought for the purpose of:
(i) dispensing or considering dispensing any controlled substance; or
(ii) determining whether a person:
(A) is attempting to fraudulently obtain a controlled substance from the pharmacist; or
(B) has fraudulently obtained, or attempted to fraudulently obtain, a controlled
substance from the pharmacist;
(j) in accordance with Subsection (3)(a), a licensed pharmacy technician who is an
employee of a pharmacy as defined in Section 
58-17b-102
, for the purposes described in
Subsection (2)(h)(i) or (ii), if:
(i) the employee is designated by the pharmacist-in-charge as an individual authorized
to access the information on behalf of a licensed pharmacist employed by the pharmacy;
(ii) the pharmacist-in-charge provides written notice to the division of the identity of
the employee; and
(iii) the division:
(A) grants the employee access to the database; and
(B) provides the employee with a password that is unique to that employee to access
the database in order to permit the division to comply with the requirements of Subsection
58-37f-203
[
(3)(b)
]
(5)
 with respect to the employee;
(k) federal, state, and local law enforcement authorities, and state and local
prosecutors, engaged as a specified duty of their employment in enforcing laws:
(i) regulating controlled substances;
(ii) investigating insurance fraud, Medicaid fraud, or Medicare fraud; or
(iii) providing information about a criminal defendant to defense counsel, upon request
during the discovery process, for the purpose of establishing a defense in a criminal case;
(l) employees of the Office of Internal Audit and Program Integrity within the
Department of Health who are engaged in their specified duty of ensuring Medicaid program
integrity under Section 
26-18-2.3
;
(m) a mental health therapist, if:
(i) the information relates to a patient who is:
(A) enrolled in a licensed substance abuse treatment program; and
(B) receiving treatment from, or under the direction of, the mental health therapist as
part of the patient's participation in the licensed substance abuse treatment program described
in Subsection (2)(m)(i)(A);
(ii) the information is sought for the purpose of determining whether the patient is
using a controlled substance while the patient is enrolled in the licensed substance abuse
treatment program described in Subsection (2)(m)(i)(A); and
(iii) the licensed substance abuse treatment program described in Subsection
(2)(m)(i)(A) is associated with a practitioner who:
(A) is a physician, a physician assistant, an advance practice registered nurse, or a
pharmacist; and
(B) is available to consult with the mental health therapist regarding the information
obtained by the mental health therapist, under this Subsection (2)(m), from the database;
(n) an individual who is the recipient of a controlled substance prescription entered into
the database, upon providing evidence satisfactory to the division that the individual requesting
the information is in fact the individual about whom the data entry was made;
(o) the inspector general, or a designee of the inspector general, of the Office of
Inspector General of Medicaid Services, for the purpose of fulfilling the duties described in
Title 63A, Chapter 13, Part 2, Office and Powers; and
(p) the following licensed physicians for the purpose of reviewing and offering an
opinion on an individual's request for workers' compensation benefits under Title 34A, Chapter
2, Workers' Compensation Act, or Title 34A, Chapter 3, Utah Occupational Disease Act:
(i) a member of the medical panel described in Section 
34A-2-601
; or
(ii) a physician offering a second opinion regarding treatment.
(3) (a) (i) A practitioner described in Subsection (2)(f) may designate up to three
employees to access information from the database under Subsection (2)(g), (2)(h), or (4)(c).
(ii) A pharmacist described in Subsection (2)(i) who is a pharmacist-in-charge may
designate up to three employees to access information from the database under Subsection
(2)(j).
(b) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to:
(i) establish background check procedures to determine whether an employee
designated under Subsection (2)(g), (2)(h), or (4)(c) should be granted access to the database;
and
(ii) establish the information to be provided by an emergency room employee under
Subsection (4).
(c) The division shall grant an employee designated under Subsection (2)(g), (2)(h), or
(4)(c) access to the database, unless the division determines, based on a background check, that
the employee poses a security risk to the information contained in the database.
(4) (a) An individual who is employed in the emergency room of a hospital may
exercise access to the database under this Subsection (4) on behalf of a licensed practitioner if
the individual is designated under Subsection (4)(c) and the licensed practitioner:
(i) is employed in the emergency room;
(ii) is treating an emergency room patient for an emergency medical condition; and
(iii) requests that an individual employed in the emergency room and designated under
Subsection (4)(c) obtain information regarding the patient from the database as needed in the
course of treatment.
(b) The emergency room employee obtaining information from the database shall,
when gaining access to the database, provide to the database the name and any additional
identifiers regarding the requesting practitioner as required by division administrative rule
established under Subsection (3)(b).
(c) An individual employed in the emergency room under this Subsection (4) may
obtain information from the database as provided in Subsection (4)(a) if:
(i) the employee is designated by the practitioner as an individual authorized to access
the information on behalf of the practitioner;
(ii) the practitioner and the hospital operating the emergency room provide written
notice to the division of the identity of the designated employee; and
(iii) the division:
(A) grants the employee access to the database; and
(B) provides the employee with a password that is unique to that employee to access
the database in order to permit the division to comply with the requirements of Subsection
58-37f-203
[
(3)(b)
]
(5)
 with respect to the employee.
(d) The division may impose a fee, in accordance with Section 
63J-1-504
, on a
practitioner who designates an employee under Subsection (2)(g), (2)(h), or (4)(c) to pay for the
costs incurred by the division to conduct the background check and make the determination
described in Subsection (3)(b).
(5) (a) An individual who is granted access to the database based on the fact that the
individual is a licensed practitioner or a mental health therapist shall be denied access to the
database when the individual is no longer licensed.
(b) An individual who is granted access to the database based on the fact that the
individual is a designated employee of a licensed practitioner shall be denied access to the
database when the practitioner is no longer licensed.
Section 3. Section 
58-37f-501
 is amended to read:
58-37f-501.
Costs of operating database and recording, submitting, and accessing
information.
(1) All department and division costs necessary to establish and operate the database
shall be funded by appropriations from:
(a) the Commerce Service Account; and
(b) the General Fund.
(2) All costs associated with recording and submitting [
data
] 
information
 as required in
this chapter shall be assumed by the submitting pharmacy.
(3) All costs associated with accessing the information contained in the controlled
substance database shall be assumed by the accessing pharmacy, pharmaceutical facility, or
prescribing practitioner.
Section 4. 
Repealer.
This bill repeals:
Section 
58-37f-801
,
Pilot program for real-time reporting for controlled substance
database -- Statewide implementation.
Section 5. 
Appropriation.
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
the fiscal year beginning July 1, 2015, and ending June 30, 2016, the following sums of money
are appropriated from resources not otherwise appropriated, or reduced from amounts
previously appropriated, out of the funds or accounts indicated. These sums of money are in
addition to any amounts previously appropriated for fiscal year 2016.
To Department of Commerce - Division of Occupational and Professional Licensing
From General Fund
$46,000
Schedule of Programs:
Controlled Substance Database $46,000
Section 6. 
Effective date.
This bill takes effect on July 1, 2015.
Legislative Review Note
 as of 2-23-15 4:33 PM
Office of Legislative Research and General Counsel